Jerry Dodge poses at his work place on Wednesday, May 29, 2013 in East Montpelier. / AP Photo/Toby Talbot

Written by

Free Press Staff Writer

Gov. Peter Shumlin explains a land deal he made with a neighbor in this May 24, 2013, photo. / EMILY McMANAMY/FREE PRESS

More

ADVERTISEMENT

Jeremy Dodge, the East Montpelier man who sold his land to Gov. Peter Shumlin and then regretted it, now has a lawyer — one who is familiar with going up against Shumlin.

Attorney Brady Toensing has represented former Lt. Gov. Brian Dubie, whom Shumlin defeated for the open governor’s seat in 2010. Toensing also helped bring to light details surrounding a speeding ticket that the head of the state police union voided on Shumlin’s behalf in 2010.

Toensing, a partner in a Washington, D.C., law firm who lives in Charlotte, said Tuesday he’s working with Joy Karnes Limoge, a Williston attorney specializing in real estate, to represent Dodge in the land deal with Shumlin. He said they have not been in contact with Shumlin’s lawyer, Jerry Diamond.

In a written statement Tuesday, Toensing seemed to be cutting a tough tone with Shumlin.

"Mr. Dodge has been dealing with a sophisticated and shrewd businessman. A businessman who is also the most powerful person in Vermont, being represented by one of the best lawyers money can buy,” Toensing said in the statement. “Mr. Dodge clearly needed some help. And we welcome the opportunity to assist a fellow Vermonter."

Diamond, whom Shumlin hired to represent him in recent weeks after the Dodge land deal gained notoriety, is a former state attorney general. Diamond also issued a statement Tuesday. “I was glad to learn from press reports today that Jeremy Dodge has retained attorneys. As I made clear last week, the governor is happy to meet Mr. Dodge's request that the property be sold back to Mr. Dodge for what the governor has paid out of pocket. I was pleased to hear last week that the Dodge family agrees with this outcome, and I look forward to working with Mr. Dodge's counsel to bring this to a resolution,” Diamond said.

Dodge made a deal last year with Shumlin, who is his next-door neighbor, to sell Dodge’s property to Shumlin before the property was due to go up for tax sale. The $58,000 deal included Shumlin paying off Dodge’s back taxes and other debts, including child support, and restoring utilities to the dilapidated house. Dodge was slated to move out by July 15 under the agreement.

(Page 2 of 2)

When friends and family got wind of the deal this spring, they objected and said Dodge, a school dropout with a long criminal record who did not have a lawyer representing him in the deal, didn’t know what he was getting into.

Faced with criticism that Shumlin, an experienced real estate developer, had taken advantage of Dodge, the governor recently agreed to renegotiate the deal, including possibly selling the land back to Dodge for the money Shumlin had put into it. Shumlin also said he’d pay for a lawyer to represent Dodge.

Toensing isn’t, however, being paid by Shumlin. Toensing declined to say who was paying him and Limoge.

Toensing was Dubie’s lawyer as Dubie defended himself against charges levied by the Attorney General’s Office for illegal campaign coordination with the Republican Governors Association during the 2010 race for governor against Shumlin. Dubie settled with the state in April, agreeing to pay a $10,000 fines and a $10,000 donation to the Vermont Food Bank.

During the 2010 race for governor, Toensing filed a public records request to expose a trooper who tried to fix a speeding ticket for Shumlin, who at the time was Senate leader and a candidate for the Democratic nomination for governor. Sgt. Michael O’Neil, the head of the Vermont Troopers Association that would later endorse Shumlin, admitted to voiding the ticket, saying he did it on his initiative and not at Shumlin’s request. The ticket was reinstated; Shumlin pleaded guilty and paid a fine.

Though Toensing did research work for Dubie’s campaign, he said at the time that he was acting independently on the speeding ticket issue. "I made the request for public records concerning the corrupt favoritism given to Senator Shumlin by the president of the (Vermont State Police) union on my own, as is my right as a citizen of Vermont," Toensing told the Associated Press at the time.

Toensing also worked with Dubie on campaign issues in 2006 when Dubie was lieutenant governor and being challenged by Democrat Matt Dunne.

Toensing is a partner in the politically connected Washington, D.C., law firm diGenova & Toensing, with his mother and stepfather. He formerly worked as an aide to Sen. Warren Rudman, R-N.H. He and his firm have represented a host of sometimes high-profile clients who have challenged government, including whistleblowers in the Benghazi attack on the American ambassador in Libya and an FBI hostage team member involved in Ruby Ridge and Waco.